Submitted by MDesiRN on Tue, 09/15/2009 - 14:02
Posted in
What are the laws of sharing legal guardianship of a mentally incompetent/retarded person in that state of MA? (ie co-guardianship). Do both co-guardians need to sign the consent forms for the patient, or is it a shared guardianship in the sense that either party can sign consent forms, similar to the situation for a minor, where it is not necessary for both parents to sign the consent form? Could you please direct me to the proper section of MA law? Thanks.
Editor's Response
Sounds like your experiences have proven my gut feeling about co-guardians: Not a good idea. I do not know the answer to this one, but I am willing to guess that when the co-guardians disagree, the service provider (such as a hospital or other facility) would either seek guidance directly from the Probate and Family Court or ask the co-guardians to appeal to that court for a resolution of the issue. If you are one of the co-guardians, a call to a probate attorney might be in order. Good luck.